Call Center Compliance
Resource Center
News, guides, webinars, ebooks, and FAQs on compliance topics such as TCPA, state regulations, STIR/SHAKEN, Do Not Call registries, and more.
The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
Call Center
Compliance
Resource Center
News, guides, webinars, ebooks, and FAQs on compliance topics such as TCPA, state regulations, STIR/SHAKEN, Do Not Call registries, and more.
The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
Call Center
Compliance
Resource Center
News, guides, webinars, ebooks, and FAQs on compliance topics such as TCPA, state regulations, STIR/SHAKEN, Do Not Call registries, and more.
The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
TCPA
Compliance
Do Not Call
Registries
STIR/SHAKEN
Compliance
Compliance
Support
TCPA Compliance News
Related Content
Visit our Compliance News section for our latest updates.
Subscribe to our monthly Contact Center Compliance News
Get a recap of the latest compliance news delivered to your inbox, plus a monthly downloadable list of State Restricted Calling Dates.
FTC Announces Increase in National Do Not Call Registry Access Fees for Telemarketers
Get a summary of the key points and updates for the increase set to begin October 1, 2024 for the fiscal year 2025.
Contact Center Compliance Watch – July 2024
Compliance news highlights for May 2024, reported by Convoso and including curated news for our readers, courtesy this month from Troutman Amin LLP.
FCC Proposes New Rules to Protect Consumers from Abuse in AI Generated Calls and Texts
What you need to know about the proposed rules aimed to bring transparency to AI-driven communications.
The Essential Guide
Common Compliance Acronym Cheat Sheet
Guide to TCPA Compliance
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 to regulate telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. The Federal Trade Commission (FTC) is the consumer protection authority monitoring the National Do-Not-Call (DNC) Registry. The Federal Communications Commission (FCC) is empowered to issue rules and regulations implementing the TCPA.
What does the TCPA prohibit?
Automatic Telephone Dialing Systems (ATDS)
Do Not Call (DNC) Registry and Internal Lists
An amendment to the TCPA prohibits marketers from calling numbers listed on the federal DNC registry unless an exemption applies. (Many states also have their own, separate DNC lists.) In addition, companies must maintain their own internal DNC list of consumers who have requested to no longer be called or texted.
Identification and Disclosure Requirements
Calling Times
Companies can only attempt to contact consumers between 8:00AM and 9:00PM in the consumer’s time zone. Note, however, that many individual states have their own separate restrictions on call times.
The Ultimate Checklist
TCPA compliance checklist for your call center
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TCPA FAQs
What does the TCPA cover?
The TCPA was designed to safeguard consumer privacy by restricting companies from engaging in unwanted telemarketing communications practices and over time, the FCC interpreted the TCPA to also cover text-based telemarketing or telesales. Enforcement of the TCPA’s regulations is constantly evolving, and you should consult with an attorney informed about the most current rulings and how they apply to your call center operation.
For more details on the latest rulings and developments related to TCPA compliance, explore our coverage of the latest TCPA compliance trends.
What is TCPA compliance?
TCPA compliance refers to an organization or individual’s adherence to TCPA regulations, which cover a broad range of topics related to dialing and outreach practices for both marketing and non-marketing purposes. Convoso recommends seeking independent legal counsel to ensure that your contact center is compliant with the TCPA.
A few examples of TCPA rules include:
- All lists/leads need to be scrubbed against the Do-Not-Call (DNC) list
- Gathering express-written consent from leads is required if you are using an autodialer that falls under the TCPA’s definition of an ATDS
- Dialing leads with pre-recorded messages or automated assistants (such as IVA solutions) is prohibited without express-written consent
What is a TCPA compliant autodialer?
The TCPA applies to a variety of different outbound dialing practices, so the use of a particular dialer will never guarantee TCPA compliance.
However, some dialers come with settings and tools that can help support TCPA compliant practices. Moreover, the TCPA does specifically place limits on the use of automatic telephone dialing systems (ATDS). Namely the TCPA requires that, in order to use an ATDS to contact cell phones, the caller must obtain the prior express written consent of the recipient.
What the FCC deems an ATDS is a matter that’s changed quite a bit over time and is still a focal point of current case law. While the TCPA statutes define an ATDS as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers,” the courts have nevertheless previously held that a predictive dialer constitutes an ATDS. In this case, leads must provide express-written consent before they can be dialed.
While Convoso does not utilize either of these techniques, we highly recommend continuing to gather express-written consent from leads. Not only will this help support TCPA compliance, but it will help ensure that you’re calling quality, higher-intent leads that have an interest in your products or services.
Learn the 5 critical steps to consent-based marketing.
Can you use a predictive dialer and be TCPA compliant?
Yes, but the dialer itself will never guarantee TCPA compliance. Convoso recommends seeking independent counsel to review your predictive dialer and dialing practices to ensure that you are in compliance with the TCPA.
Dig deeper with 10 outbound dialing best practices for compliance and performance.
Does the TCPA govern manually dialed calls?
Yes. The TCPA regulates all types of outbound contact via telephone. This includes autodialed and manual calls, as well as outbound text messages, faxes, voice messages, and automatic dialing systems.
Does the TCPA cover emails?
No. In 2019, a federal court ruled that outbound emails are not subject to TCPA rules, even when they are received on a smartphone.
Does the TCPA cover ringless voicemail?
The FCC considers considers a ringless voicemail to be a call made using an artificial or prerecorded voice. For this reason, under the TCPA, a caller must obtain the recipient’s prior express written consent before delivering a ringless voicemail, as well as comply with other prerecorded message requirements.
What is the maximum abandonment rate allowed by the TCPA?
An amendment to the TCPA restricts the allowable call abandonment rate. Each separate campaign is allowed a maximum abandonment rate of 3% under the TCPA. This rate is measured in increments of 30 days. The abandonment rate can be calculated as follows: (Total number of calls abandoned / (The total number of calls answered by a live person plus total number of abandoned calls)) x 100
How long does TCPA consent last?
Consent obtained for the sake of the TCPA does not have an expiration date. However, it may be revoked by the consumer at any time. Additionally, the consent is tied to the individual consumer, not the phone number itself. Thus, when a phone number is transferred to another user, a business does not necessarily maintain consent to call that number. Lastly, your consumer consent is only valid if it can be proven. Consent record-keeping is a critical component of any TCPA compliance policy. Experts recommend keeping records of express written consent for 5 years in order to help bolster protection against legal action.
What is the penalty for a TCPA violation?
The TCPA allows for a fine of up to $500 per violation. When violations are determined by a court to be willful, TCPA fines are tripled, and levied up to $1,500 per violation. In addition, there is no cap on statutory damages—and violations can quickly add up to damaging sums.
Does the TCPA apply to calls to businesses?
Yes. B2B and B2C calls and texts are subject to the same wireless restrictions under the TCPA.
What is Mini-TCPA?
“MIni-TCPA” is not an official designation, but is a term that has been commonly adopted to refer to state telemarketing laws. Following the U.S. Supreme Court’s 2021 holding in Facebook v. Duguid, many states are updating state-specific telemarketing legislation.
Learn about the Convoso StateTracker, a purpose-built tool to support outbound sales teams with Mini-TCPA compliance.
TCPA Compliance Webinars
Related Content
Learn how Convoso’s leading outbound call center software supports outbound compliance
TCPA Compliance Blog Posts
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The world of TCPA compliance is changing all the time. Catch up on all of the latest TCPA compliance trends
DNC Compliance Resources
What is DNC Compliance?
Supporting DNC compliance involves implementing proper scrubbing and list management practices in order to avoid calling consumers registered within state, federal, and internal DNC lists. Learn more about registering with the federal DNC at the following sites:
Official Government Do Not Call regulatory sites
Since the rollout of the National Do Not Call Registry in 2003, certain states have merged their DNC programs with the federal list. Still, a number of states maintain separate DNC lists that must be accounted for. Those states that manage and regulate their own states have registrants who may or may not be shared/have duplicate information with the federal list. It’s important that you review each individual state’s law where you’ll be calling prior to running your campaign.
In addition, to maintain DNC compliance federal law requires that businesses maintain their own internal DNC lists. To streamline this process and make complying with TCPA regulations simpler, software is available.
What Is the Penalty for Violating Do Not Call Rules?
Federal DNC violations carry a fine of up to $50,120 under the Federal Trade Commission’s Telemarketing Sales Rule and can subject the violator to statutory damages and forfeitures under the TCPA. While state-level state DNC violation penalties vary by jurisdiction, the fines range anywhere from $100 to $25,000, according to our partners at DNC.com.
Related Content
Learn How Convoso’s DNC.com Integration Supports Do-Not-Call Compliance
STIR/SHAKEN Resources
What is STIR/SHAKEN?
STIR/SHAKEN FAQs
- Within the STIR/SHAKEN network, phone carriers will assign an A, B or C attestation, or verification, rating:
- ‘A’ represents ‘Full Attestation’ or the carrier knows the identity of the caller and knows the caller has the right to use the phone number as the calling number.
- ‘B’ represents ‘Partial Attestation’ or the carrier knows the identity of the caller but does not know if the caller has the right to use the phone number as the calling number.
- ‘C’ represents ‘Gateway Attestation’ – When A or B cannot be satisfied, C is assigned. International calls are given C attestation.
- The three attestation levels:
- A rating – the highest attestation level, means that the carrier is fully confident in the identity of the caller and their right to use that specific number and caller ID
- B rating – the carrier knows who is making the call, but they aren’t sure if the caller is allowed to use that number or caller ID
- C rating – a gateway attestation, means that the carrier can’t validate the caller’s identity or right to use the number/ caller ID
- Businesses should contact their carrier(s) to inquire about their STIR/SHAKEN implementation and whether they can ensure their calls receive an “A” rating.
- If a business finds that it is having trouble with calls being blocked, it should work with a service to rotate calling numbers used, or preferably, validate its calling with the carriers and their analytics partners.
- Businesses should conduct test calls and report inaccurate labels or blocking to the carrier or app provider.
- How have they prepared and responded to STIR/SHAKEN?
- What is the highest attestation rating they are able to provide?
- Are they signing calls themselves or are they going through a 3rd party to sign the calls? (if the latter, B rating is the highest possible)
Related Content
The TCPA compliance landscape is changing all the time. Keep up with the latest TCPA compliance trends.
Most Popular STIR/SHAKEN Resources
STIR/SHAKEN Webinars
STIR/SHAKEN & Call Blocking
Make sure your calls are getting through
STIR/SHAKEN Guides
STIR/SHAKEN Quick Reference Guide
STIR/SHAKEN Blog Posts
STIR/SHAKEN & Call Blocking
Webinar Video & Recap
Strategies to Combat Call Blocking and Flagging
Outbound Call Center Trends
Since 2019, outbound contact centers have seen a major spike in their phone numbers being flagged or blocked. The wave of illegal robocalling activity in the United States has forced both regulators and carriers to take action to prevent illegal spoofing and robodialing.
Due to safe harbor laws that allow telecommunications providers to broadly flag and block phone numbers, even if they are associated with legitimate businesses, many outbound contact centers find that their numbers are regularly flagged and blocked.
Outbound sales and lead generation teams need better tools to track and manage caller IDs if they’re going to combat the impact of call blocking and flagging.
With Convoso’s ClearCallerID™, outbound dialing teams can quickly identify flagged and blocked phone numbers so they can swap them out before they impact critical KPIs. Customer dashboards show how many phone numbers have been flagged or blocked and estimates the impact on metrics such as contact rates.
The Essential Checklist
State by state calling restrictions in 2024
Support Compliance with State Regulations
As the number of state laws regulating outreach to consumers is on the rise, businesses have more rules to adhere to or risk expensive fines. Convoso’s StateTracker™ is the only solution purpose-built to support outbound sales teams with daily attempt maximums required by state “Mini-TCPA” styled laws.
This feature is available exclusively to Convoso customers. Learn more about Convoso StateTracker.
Contact Center Compliance
To support compliance, businesses don’t just need the help of legal experts. They also need technology experts on their side—and tools they can trust to respond to the ever-changing landscape of call center compliance.
For outbound sales and lead gen teams, choosing the right outbound dialer should be at the heart of any plan to support TCPA compliance. Look for a dialer that offers the following TCPA compliance solutions and software to build a compliance approach that doesn’t stand in the way of scaling your contact center.
At Convoso, a main concern is supporting customer compliance by offering tools for configuring campaigns with compliance in mind. We do so by offering a suite of tools designed to maximize efficiency, protection, and performance—and by constantly innovating to help you keep up with ever-changing regulations.
Automation
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Multiple Dial Modes
To support compliance, high-volume call centers need to take different dialing approaches based on the level of consumer consent they possess from a lead. Choosing a dialer software with the ability to switch between dialing modes and maintain a high-level of efficiency no matter who you’re calling is important to driving growth. For example, you might decide to use a powerful predictive dialer to reach leads with express-written consent and a preview dialer for leads without it. (Whenever possible, Convoso recommends obtaining express-written consent before dialing any leads, regardless of how you ultimately reach out to them, and consulting your legal counsel before making a decision.)
DNC Scrubbing
TCPA regulations and other related rules prohibit businesses from calling consumers who have registered on federal, state, and internal do-not-call lists unless an exemption applies. Leading dialer software offers automated and efficient DNC scrubbing tools to save teams time on supporting compliance.
Dynamic Scripting
From license numbers to company addresses and more, proper TCPA-compliant disclosures can be a mouthful for agents to say and a lot for them to remember. All the more so if your team is dialing within multiple states with their own separate standards. Dynamic scripting software equips agents with the campaign- and location-specific scripts they need to help maintain compliance—and close conversions.
Customizable Call Times
On top of the TCPA call time restrictions, time zones and widely varying individual state laws can make calling your customers only at compliant times a complex task. Your dialer system should offer the ability to call strictly during permitted hours.
Easy Call Recording and Call Log Management
Click-to-Dial Options
Take extra precaution with a click-to-dial solution that supports compliant dialing in situations when it’s preferred that agents manually initiate every call
Convoso's Approach to TCPA Compliance Support
Successfully navigating the world of telemarketing and its regulations is challenging without the right technology solutions. Convoso helps businesses in their compliance efforts by implementing smart dialing strategies and dynamic software tools. The cloud-based platform is designed to easily manage leads and communications down to the second. Convoso’s omnichannel contact center software drives efficiencies across leads, agents, and managers.
Click-to-Comply
With Click-to-Comply, your contact center agents are required to manually initiate every call. After the call is started, the agent remains on the line throughout the call life cycle (call initiated, call connected/not connected, call ended).
In addition to supporting compliance, our Click-to-Comply solution transforms your call center’s efficiency and improves ROI. How do we do this? It’s all about our omnichannel capabilities, combined with a better way of cycling through your leads as well as powerful reporting capabilities to understand your profitability at the list and lead source level.
Caller ID Reputation Management
Carriers are blocking and flagging calls more aggressively than ever. Unfortunately, well-meaning, legitimate businesses trying to contact leads who have raised their hands to be contacted are getting caught in the web. And when calls are flagged as “Spam” or “Scam Likely,” contact rates and call center ROI plummet. In this environment, caller ID reputation management strategies and solutions are critical to ensuring your agents can contact expensive leads and drive growth for your business.
Only Convoso’s ClearCallerID™ gives you a full suite of tools and services to manage your caller ID reputation, improve contact rates, and protect the performance of your business.
Learn more about these capabilities and the support offered by our caller ID reputation management solutions.
Additional Call Flagging and Blocking Resources
Why Your New Numbers May Be Marked as Spam
(and What to Do About It)
Strategies to Combat Call Blocking and Flagging
Outbound Call Center Trends
Keeping It Compliant: Legal Aspects of Running an Outbound Call Center
DISCLAIMER: The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
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